Growing Family Benefits
- Don't get pregnant without us!
- Enjoy security for your family
- Ask for employee paid options at work
Unemployment Insurance: Collecting Compensation on Maternity
Traditionally, unemployment benefits were designed for workers physically able to work who lost their job, while disability insurance helped workers who were physically unable to work. However, the rules are changing. You may have multiple options:
- Compelling Family Reasons - 22 states now pay benefits for "good causes".
- Unemployment during pregnancy - Disability for pregnancy may cover you while unemployed. Apply for benefits if unable to work and covered by a policy.
- Unemployment after maternity leave - Family leave laws create an opportunity to collect in every state.
Short Term Disability for Pregnancy No matter what state you work in short term disability is the one sure way to collect compensation benefits should you become temporarily unemployed because of pregnancy complications, or while on maternity leave recovering from childbirth.
|
State Disability Insurance State disability insurance is designed to replace a portion of your income during the time you are unable to work due to a medical condition: such as your pregnancy complications, or while your recover during maternity leave. Unemployment insurance takes over when the state disability stops.
|
Unemployment for Compelling Family Reasons
One portion of this law provides an opening for use during maternity leave. The ARRA provides funding to states to encourage the expansion of benefits to include those leaving work voluntarily for “good cause”. One component of this definition is a “compelling family reason” which include caring for a sick family member, and sometimes includes a worker’s own disabling health condition.
Twenty two states have accepted the modernization incentives as of December 2012, and implemented the expanded ways a family might be eligible to collect benefits. The states are broken down into three categories:
- Eligibility includes a workers own disability - can collect unemployment while unable to work due to pregnancy or maternity leave
- Caring for sick family member - can collect unemployment if dad takes care of mom while on pregnancy leave, or for parent to care for sick infant
- Gaps in maternity leave laws - the silver lining to losing your job on maternity leave; you can file for unemployment compensation in all fifty states.
Unemployment Compensation for Own Disability
Each of the states listed in this category do not have a mandated state disability program - which is designed for people intending to return to work. This may be the only opportunity to file a claim, but there are no guarantees: each state employs different policies.
Arkansas, Illinois, Maine, Minnesota, Texas, Washington
Unemployment Insurance: Filing for Parental Leave
Not every baby is born perfectly healthy. Almost one eighth of all babies are delivered preterm, and may experience a variety of medical complications. Others are born with defects that might need correction, or an illness. Any of these factors may force new parents to take time away from work that was unplanned.
The states listed below allow a family to file for unemployment to care for a sick family member.
Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Minnesota, Nevada, New Hampshire, New York, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Texas, Washington, Wiconsin.
Gaps in Maternity Leave Laws
Maternity leave unemployment needs to be cut in two: your initial leave, and your return to work.
During your initial maternity leave, unemployment insurance will not pay benefits. Unemployment Insurance is intended to help people who lose their jobs due to economic reasons - ie no fault of their own. Your maternity leave is not the same as job loss - it's considered a disability: you are unable to work for medical reasons. Unemployment insurance is intended for job loss.
When you attempt to return to work you may not longer have a job. State and federal maternity leave laws provide job protection for specific time periods for some workers. Your leave may extend beyond the specified time frames, or your employer may or may not be subject to these laws.
Your leave may extend beyond the job-protected timeline if you experience postpartum disorders. You may miss more work than expected. If your leave time exceeds the mandated timeline, your employer does not have to bring you back. Once you are physically able to work again, you may be eligible to unemployment insurance benefits.
If your employer holds your job open during your maternity leave, it will be difficult to collect a benefit. But don't let that stop you from trying. File a claim anyway - all they can do is say "NO".
If you lose your job during maternity leave, then unemployment insurance may pay benefits in the remaining thirty eight states yet to "modernize" unemployment compensation in line with Federal incentives.
Family Medical Leave Act The federal Family Medical Leave Act (FMLA) provides for unpaid job protections for some workers based upon employer size, and number of hours worked by the employee. The odd consequence for many couples is that a law protecting your job rights may prevent you from collecting unemployment compensation. If your employer is required to hold your job open, you may not be able to collect.
|
State FMLA In addition to federal regulations providing unpaid job protected leave, there are a variety of state rules that provide similar protections. As with the federal rule, extended job protections may inadvertently prevent you from collecting unemployment. Often, you can have one or the other, but not both.
|
Unemployment During Your Pregnancy
Unemployment during pregnancy can occur for a host of reasons: job performance, economic downturns, or your own pregnancy disability. Each situation has differing consequences for you.
If you lose your job because of documented job performance shortcomings you are in a tough spot. Unemployment insurance in most states typically does not cover performance based job loss. On the other hand if you lost your job because your pregnancy prevented you from performing your job duties you may be able to protected under the Pregnancy Discrimination Act.
If you are laid off during your pregnancy as part of a general staff reduction you should file an unemployment claim with your local state office. Unemployment insurance is designed for people in your situation.
Your doctor may order you to stop working before your delivery. Missed work due to pregnancy complications are considered a disability, and unemployment insurance would not apply. However, short term disability insurance would replace a portion of your income during this time. A private policy will help if coverage began before getting pregnant.
